1. The Motion, dated 26th September 2024, is for leave to file appeal out of time.
2. Judgement was delivered on 21st August 2024. Appeal should have been filed within thirty days, of that date, which roughly means that the thirty days lapsed on or about 21st September 2024. The instant appeal was lodged herein on 1st October 2024.
3. I am not persuaded that there was unreasonable delay in the filing of the application for leave to appeal out of time. The reasons given also sound plausible.
4. Consequently, I do hereby allow the application, dated 26th September 2024. The appeal shall be lodged within the next thirty days of the date of delivery of this ruling. Orders accordingly.
DELIVERED, DATED AND SIGNED, IN OPEN COURT, AT BUSIA ON THIS 4TH DAY OF JULY 2025.
WM MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant.
Advocates
Mr. Mukisu, instructed by Mukisu & Company, Advocates for the applicant.
2. Judgement was delivered on 21st August 2024. Appeal should have been filed within thirty days, of that date, which roughly means that the thirty days lapsed on or about 21st September 2024. The instant appeal was lodged herein on 1st October 2024.
3. I am not persuaded that there was unreasonable delay in the filing of the application for leave to appeal out of time. The reasons given also sound plausible.
4. Consequently, I do hereby allow the application, dated 26th September 2024. The appeal shall be lodged within the next thirty days of the date of delivery of this ruling. Orders accordingly.
DELIVERED, DATED AND SIGNED, IN OPEN COURT, AT BUSIA ON THIS 4TH DAY OF JULY 2025.
WM MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant.
Advocates
Mr. Mukisu, instructed by Mukisu & Company, Advocates for the applicant.